Homeless man injured in police scuffle enters plea

Published: Thursday, January 24, 2013 at 10:13 a.m.

Last Modified: Thursday, January 24, 2013 at 5:05 p.m.

SARASOTA - UPDATE: A homeless man who made headlines when a police officer was captured on video slamming him face-first into a metal wall during his arrest has taken a plea, ending his criminal trial.

Roger Alan Fields, 52, pleaded no-contest Thursday to misdemeanor charges of disorderly intoxication and resisting without violence. He was given credit for time served and ordered to pay $50 in court costs. He walked out of the courtroom a free man.

The plea deal was announced after the court returned from a lunch recess, as potential jurors were about to be picked.

"I think he may have felt that his defenses wouldn't carry the day, that it wasn't worth the risk to take to trial," said Assistant State Attorney Michael Fayard, who was set to prosecute the case.

Fields has already retained a civil attorney and said he is considering a civil suit.

Fields' Oct. 6 arrest at the downtown bus depot on Lemon Avenue was captured by a security camera.

The video shows Sarasota police officer Derrick Gilbert spinning Fields into the corner of a metal bus ticket booth — a blow that stunned Fields, split his head open and required a trip to the hospital and stitches to close the injury.

After watching the video in his office days after the incident, City Manager Tom Barwin said it "was clearly excessive force and will be referred to Internal Affairs immediately."

Gilbert who had been on paid leave since the arrest, was recently placed on desk duty while internal affairs investigators examine the case. That investigation is ongoing.

Fields appeared in court Thursday morning wearing a green knit shirt and jeans, represented by Assistant Public Defender Rod Haynes.

Haynes said his client had the "right to make a decision. He wanted to take state's offer. It's as simple as that, we discussed his defenses. He elected to go that way."

Fields said he is still "dizzy" as a result of the blow. The scar on the right side of his head is slight and difficult to see.

Gilbert's report and the report of a private security guard employed by SCAT indicate that police were sent to the bus depot because Fields, who has previous arrests for disorderly conduct, was causing problems on the platform.

He was confronted by the security guard, Robert Sauder, who said Fields spit in his face.

"He up and just spits in my face," Sauder said in court Thursday, Sauder said. "Luckily I was wearing my sunglasses so I didn't get any in my eyes."

Sauder described Fields' demeanor as "very agitated, didn't want to listen and smelled of alcohol."

The 6-foot-4-inch, 290-pound security guard said he felt threatened by Fields and forced Fields to the ground with a leg sweep. Sauder sat on top of him until police arrived, when Gilbert helped him up.

Fields sat on a bench throughout most of his encounter with police, until Gilbert walked behind him, withdrew his handcuffs and attempted to place them on the homeless man. Grabbing Fields by the arm, Gilbert quickly swung him face-first into the metal ticket booth, the video shows.

Gilbert testified that Fields "separated himself from me," during the handcuffing.

"He pulled back. I had a grab of his wrist and elbow. He had blood on him. I didn't want blood on me. As soon as he didn't comply, my job was to put him to the ground," Gilbert said. "Grabbing his right wrist and elbow, I tried to put him on the ground. He stands up and staggers and ends up hitting the ticket booth, injuring himself."

Gilbert, who was wearing a gray suit, white shirt and tie, said he believed Fields could have been reaching for something on his duty belt.

"Based on my training and experience, I take that as not complying," he said.

Gilbert testified he had tried an "arm-bar takedown on Fields."

After hitting the booth, Fields had a deep cut on his right temple. His knees appeared to grow weak and police and the security guard lowered him to the pavement, where he remained cuffed and on his back until paramedics arrived. He was then loaded onto a gurney and taken to Sarasota Memorial Hospital, where his wound was sutured.

A test of Fields' blood conducted by a nurse at the hospital showed his blood alcohol level was 0.078 percent, which is below the 0.08 percent level at which Florida considers drivers intoxicated.

The latest incident comes at a time when the police department and the city are under scrutiny for their treatment of the homeless.

In recent months, Sarasota officers have arrested a homeless man for charging his cell phone in a city park, which sparked a national uproar. The American Civil Liberties Union uncovered private messages exchanged between Sarasota officers in which they referred to their interactions with the homeless as "bum hunting."

This month, two Sarasota officers arrested another homeless man for panhandling, 10 days after the ordinance was repealed. He claimed the officers slammed his head into their car.

EARLIER: The trial of a homeless man who police slammed face-first into a metal wall during his arrest began this morning in County Court before Judge Kimberly Bonner.

Roger Alan Fields, 52, is facing misdemeanor charges of disorderly intoxication and resisting without violence. Fields' Oct. 6 arrest at the downtown bus depot on Lemon Avenue was captured by a security camera.

The video shows Sarasota police officer Derrick Gilbert spinning Fields into the corner of a metal bus ticket booth — a blow that stunned Fields, split his head open and required a trip to the hospital and stitches to close the injury.

After watching the video in his office days after the incident, City Manager Tom Barwin said it “was clearly excessive force and will be referred to Internal Affairs immediately.”

Gilbert has been on paid leave since the arrest while internal affairs investigators examine the case.

Fields' attorney, Assistant Public Defender Dave Holland, also said Gilbert used excessive force during the arrest.

Fields appeared in court this morning wearing a green knit shirt and jeans, represented by Assistant Public Defender Rod Haynes.

Fields said he is still “dizzy” as a result of the blow. The scar on the right side of his head is slight and difficult to see.

Gilbert's report and the report of a private security guard employed by SCAT indicate that police were sent to the bus depot because Fields, who has previous arrests for disorderly conduct, was causing problems on the platform.

He was confronted by the security guard, Robert Sauder, who said Fields spit in his face.

In court today, Sauder said, “He up and just spits in my face. Luckily I was wearing my sunglasses so I didn't get any in my eyes.”

Sauder described Fields' demeanor as “very agitated, didn't want to listen and smelled of alcohol.”

The 6-foot 4-inch, 290-pound security guard said he felt threatened by the 5-foot 8-inch, 143-pound Fields and forced Fields to the ground with a leg sweep. Sauder sat on top of him until police arrived, when Gilbert helped him up.

Fields sat on a bench throughout most of his encounter with police, until Gilbert walked behind him, withdrew his handcuffs and attempted to place them on the homeless man. Grabbing Fields by the arm, Gilbert quickly swung him face-first into the metal ticket booth, the video shows.

Gilbert testified that Fields “separated himself from me,” during the handcuffing.

“He pulled back. I had a grab of his wrist and elbow. He had blood on him. I didn't want blood on me. As soon as he didn't comply, my job was to put him to the ground,” Gilbert said. “Grabbing his right wrist and elbow, I tried to put him on the ground. He stands up and staggers and ends up hitting the ticket booth, injuring himself.”

Gilbert, who was wearing a grey suit, white shirt and tie, said he believed Fields could have been reaching for something on his duty belt.

“Based on my training and experience, I take that as not complying,” he said.

Gilbert testified he had tried an “arm-bar takedown on Fields.”

After hitting the booth, Fields had a deep cut on his right temple. His knees appeared to grow weak and police and the security guard lowered him to the pavement, where he remained cuffed and on his back until paramedics arrived. He was then loaded onto a gurney and taken to Sarasota Memorial Hospital, where his wound was sutured.

A test of Fields' blood conducted by a nurse at the hospital showed his blood alcohol level was 0.078 percent, which is below the 0.08 percent level at which Florida considers drivers intoxicated.

The latest incident comes at a time when the police department and the city are under scrutiny for their treatment of the homeless.

In recent months, Sarasota officers have arrested a homeless man for charging his cellphone in a city park, which sparked a national uproar. The American Civil Liberties Union uncovered private messages exchanged between Sarasota officers in which they referred to their interactions with the homeless as “bum hunting.”

This month two Sarasota officers arrested another homeless man for panhandling, 10 days after the ordinance was repealed. He claimed the officers slammed his head into their car.

<p><em>SARASOTA</em> - UPDATE: A homeless man who made headlines when a police officer was captured on video slamming him face-first into a metal wall during his arrest has taken a plea, ending his criminal trial.</p><p>Roger Alan Fields, 52, pleaded no-contest Thursday to misdemeanor charges of disorderly intoxication and resisting without violence. He was given credit for time served and ordered to pay $50 in court costs. He walked out of the courtroom a free man. </p><p>The plea deal was announced after the court returned from a lunch recess, as potential jurors were about to be picked.</p><p>"I think he may have felt that his defenses wouldn't carry the day, that it wasn't worth the risk to take to trial," said Assistant State Attorney Michael Fayard, who was set to prosecute the case. </p><p>Fields has already retained a civil attorney and said he is considering a civil suit. </p><p>Fields' Oct. 6 arrest at the downtown bus depot on Lemon Avenue was captured by a security camera.</p><p>The video shows Sarasota police officer Derrick Gilbert spinning Fields into the corner of a metal bus ticket booth — a blow that stunned Fields, split his head open and required a trip to the hospital and stitches to close the injury.</p><p>After watching the video in his office days after the incident, City Manager Tom Barwin said it "was clearly excessive force and will be referred to Internal Affairs immediately."</p><p>Gilbert who had been on paid leave since the arrest, was recently placed on desk duty while internal affairs investigators examine the case. That investigation is ongoing.</p><p>Fields appeared in court Thursday morning wearing a green knit shirt and jeans, represented by Assistant Public Defender Rod Haynes.</p><p>Haynes said his client had the "right to make a decision. He wanted to take state's offer. It's as simple as that, we discussed his defenses. He elected to go that way."</p><p>Fields said he is still "dizzy" as a result of the blow. The scar on the right side of his head is slight and difficult to see. </p><p>Gilbert's report and the report of a private security guard employed by SCAT indicate that police were sent to the bus depot because Fields, who has previous arrests for disorderly conduct, was causing problems on the platform.</p><p>He was confronted by the security guard, Robert Sauder, who said Fields spit in his face.</p><p>"He up and just spits in my face," Sauder said in court Thursday, Sauder said. "Luckily I was wearing my sunglasses so I didn't get any in my eyes." </p><p>Sauder described Fields' demeanor as "very agitated, didn't want to listen and smelled of alcohol." </p><p>The 6-foot-4-inch, 290-pound security guard said he felt threatened by Fields and forced Fields to the ground with a leg sweep. Sauder sat on top of him until police arrived, when Gilbert helped him up.</p><p>Fields sat on a bench throughout most of his encounter with police, until Gilbert walked behind him, withdrew his handcuffs and attempted to place them on the homeless man. Grabbing Fields by the arm, Gilbert quickly swung him face-first into the metal ticket booth, the video shows.</p><p>Gilbert testified that Fields "separated himself from me," during the handcuffing. </p><p>"He pulled back. I had a grab of his wrist and elbow. He had blood on him. I didn't want blood on me. As soon as he didn't comply, my job was to put him to the ground," Gilbert said. "Grabbing his right wrist and elbow, I tried to put him on the ground. He stands up and staggers and ends up hitting the ticket booth, injuring himself."</p><p>Gilbert, who was wearing a gray suit, white shirt and tie, said he believed Fields could have been reaching for something on his duty belt. </p><p>"Based on my training and experience, I take that as not complying," he said. </p><p>Gilbert testified he had tried an "arm-bar takedown on Fields." </p><p>After hitting the booth, Fields had a deep cut on his right temple. His knees appeared to grow weak and police and the security guard lowered him to the pavement, where he remained cuffed and on his back until paramedics arrived. He was then loaded onto a gurney and taken to Sarasota Memorial Hospital, where his wound was sutured.</p><p>A test of Fields' blood conducted by a nurse at the hospital showed his blood alcohol level was 0.078 percent, which is below the 0.08 percent level at which Florida considers drivers intoxicated.</p><p>The latest incident comes at a time when the police department and the city are under scrutiny for their treatment of the homeless.</p><p>In recent months, Sarasota officers have arrested a homeless man for charging his cell phone in a city park, which sparked a national uproar. The American Civil Liberties Union uncovered private messages exchanged between Sarasota officers in which they referred to their interactions with the homeless as "bum hunting."</p><p>This month, two Sarasota officers arrested another homeless man for panhandling, 10 days after the ordinance was repealed. He claimed the officers slammed his head into their car.</p><p>EARLIER: The trial of a homeless man who police slammed face-first into a metal wall during his arrest began this morning in County Court before Judge Kimberly Bonner. </p><p>Roger Alan Fields, 52, is facing misdemeanor charges of disorderly intoxication and resisting without violence. Fields' Oct. 6 arrest at the downtown bus depot on Lemon Avenue was captured by a security camera.</p><p>The video shows Sarasota police officer Derrick Gilbert spinning Fields into the corner of a metal bus ticket booth — a blow that stunned Fields, split his head open and required a trip to the hospital and stitches to close the injury.</p><p>After watching the video in his office days after the incident, City Manager Tom Barwin said it “was clearly excessive force and will be referred to Internal Affairs immediately.”</p><p>Gilbert has been on paid leave since the arrest while internal affairs investigators examine the case.</p><p>Fields' attorney, Assistant Public Defender Dave Holland, also said Gilbert used excessive force during the arrest.</p><p>Fields appeared in court this morning wearing a green knit shirt and jeans, represented by Assistant Public Defender Rod Haynes.</p><p>Fields said he is still “dizzy” as a result of the blow. The scar on the right side of his head is slight and difficult to see. </p><p>Gilbert's report and the report of a private security guard employed by SCAT indicate that police were sent to the bus depot because Fields, who has previous arrests for disorderly conduct, was causing problems on the platform.</p><p>He was confronted by the security guard, Robert Sauder, who said Fields spit in his face.</p><p>In court today, Sauder said, “He up and just spits in my face. Luckily I was wearing my sunglasses so I didn't get any in my eyes.” </p><p>Sauder described Fields' demeanor as “very agitated, didn't want to listen and smelled of alcohol.” </p><p>The 6-foot 4-inch, 290-pound security guard said he felt threatened by the 5-foot 8-inch, 143-pound Fields and forced Fields to the ground with a leg sweep. Sauder sat on top of him until police arrived, when Gilbert helped him up.</p><p>Fields sat on a bench throughout most of his encounter with police, until Gilbert walked behind him, withdrew his handcuffs and attempted to place them on the homeless man. Grabbing Fields by the arm, Gilbert quickly swung him face-first into the metal ticket booth, the video shows.</p><p>Gilbert testified that Fields “separated himself from me,” during the handcuffing. </p><p>“He pulled back. I had a grab of his wrist and elbow. He had blood on him. I didn't want blood on me. As soon as he didn't comply, my job was to put him to the ground,” Gilbert said. “Grabbing his right wrist and elbow, I tried to put him on the ground. He stands up and staggers and ends up hitting the ticket booth, injuring himself.”</p><p>Gilbert, who was wearing a grey suit, white shirt and tie, said he believed Fields could have been reaching for something on his duty belt. </p><p>“Based on my training and experience, I take that as not complying,” he said. </p><p>Gilbert testified he had tried an “arm-bar takedown on Fields.” </p><p>After hitting the booth, Fields had a deep cut on his right temple. His knees appeared to grow weak and police and the security guard lowered him to the pavement, where he remained cuffed and on his back until paramedics arrived. He was then loaded onto a gurney and taken to Sarasota Memorial Hospital, where his wound was sutured.</p><p>A test of Fields' blood conducted by a nurse at the hospital showed his blood alcohol level was 0.078 percent, which is below the 0.08 percent level at which Florida considers drivers intoxicated.</p><p>The latest incident comes at a time when the police department and the city are under scrutiny for their treatment of the homeless.</p><p>In recent months, Sarasota officers have arrested a homeless man for charging his cellphone in a city park, which sparked a national uproar. The American Civil Liberties Union uncovered private messages exchanged between Sarasota officers in which they referred to their interactions with the homeless as “bum hunting.”</p><p>This month two Sarasota officers arrested another homeless man for panhandling, 10 days after the ordinance was repealed. He claimed the officers slammed his head into their car.</p>